Privacy Policy

Effective Date: August 27, 2024

Orca Enterprises, Inc. d/b/a FreshX including its subsidiaries, affiliates, partners, directors, employees, agents, contractors, and subcontractors (collectively, “FreshX”, “we,” “us,’ or “our’) respects your privacy. This privacy notice (“Notice”) explains the Personal Information (as defined below) we collect when you use our website (“Site”), web-based application (“App”), and otherwise interact with us, (together referred to as the “Services”), why we collect it, how we use, share, and disclose it, and the choices you can make regarding your Personal Information.

We may modify this Notice at any time. We will notify you of material changes by conspicuously posting changes along with an alert on our Site, sending you an email, or otherwise notifying you by similar and appropriate methods. All changes will be effective immediately upon posting to the Site unless otherwise indicated.

Please read this Notice carefully.

  1. PERSONAL INFORMATION. Personal Information means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked (directly or indirectly) with you. Personal Information does not include information that is available in public records or has been deidentified, aggregated, or both to the extent that it is no longer identifiable.
  1. PERSONAL INFORMATION WE COLLECT. We may collect the following Personal Information when you use the Services:
    1. Personal Identifiers: such as your name, postal address, telephone number, or other similar information.
    2. Geolocation Data: Physical location, movements, or trip tracking information.
    3. Internet or Other Electronic Network Activity Information: such as your IP address, information regarding your interaction with our Site or App, cookies, and similar information.
    4. We may also collect any other Personal Information you choose to provide to us directly when you interact with the Services.
  1. HOW WE COLLECT PERSONAL INFORMATION.
    1. Directly From You. We collect your Personal Information directly from you when you access and log into the Site or App or otherwise interact with us, such as when you engage with customer support. This Personal Information is necessary to onboard you to, provide you with, and personalize the Services.
    2. From You Automatically. We may collect certain Personal Information about you automatically when you access, use, or interact with the Services. Some of this Personal Information is necessary to make certain parts of the Services available. Other Personal Information we collect automatically helps us improve our Services. Such Personal Information includes IP address and other device identifiers that are automatically assigned to your computer or device when you access the internet. For more information, please see the “Cookies and Other Tracking Technologies” section below.
    3. From Third Parties. We, or third parties acting on our behalf, may collect Personal Information about you from third parties, including, without limitation, online and offline sources, service providers, transportation management software/solutions providers, factoring companies, geolocation companies, and other entities who connect with you on or otherwise use or enable the functionality of the Services. We may also receive Personal Information related to your use of the Services from third party analytics providers. For more information, please see the “Cookies, Targeted Advertising, and Other Tracking Technologies” section below.
  1. HOW WE USE YOUR PERSONAL INFORMATION. We use your Personal Information for business purposes such as:
    1. To provide and maintain the Services, including to create and manage your account, verify your identity, prevent fraud, and troubleshoot problems.
    2. To improve, develop, and analyze the Services, including to customize your experience with the Services, conduct statistical and other analysis, and to otherwise improve the Services.
    3. To communicate with you about the Services, including to send you emails, texts, alerts, or electronic newsletters, to provide you with special offers or promotional and marketing materials, to contact you by telephone, to complete customer service requests, to follow up with you, or to otherwise communicate with you about the Services.
    4. For law enforcement and other legal purposes, including to comply with laws, regulations, or other legal obligations, to protect and defend against legal actions or claims, to satisfy contractual obligations, to cooperate with law enforcement or other governmental agencies for purposes of investigations, public safety, or matters of public importance when we reasonably believe we are required to do so or that disclosure of Personal Information is necessary or appropriate to protect the public interest.
    5. For other business purposes, such as our internal business purposes and those you authorize or explicitly direct.
  1. HOW WE SHARE YOUR PERSONAL INFORMATION. We may share Personal Information with other companies for various business purposes consistent with the uses described in this Notice, with third parties as necessary to provide and facilitate the Services, when you explicitly direct us to do so, and as required or permitted by law, including with:
    1. Other Parties Using the Services to Enable Functionality of the Services. We may share limited Personal Information (for example, name and contact information) with carriers, brokers, and other users of the Services to enable to the functionality of and connect parties using the Services.
    2. Service Providers. We may share your Personal Information with service providers to help us host and manage the Services, improve the content and functionality of the Services, perform data and statistical analysis, troubleshoot problems, and improve the security of the Services.
    3. Parties to Business Transactions. In the event of an anticipated or actual merger or acquisition, bankruptcy, or other sale of all or part of our assets, we may transfer or allow third parties to use Personal Information owned or controlled by us. We reserve the right in connection with these types of transactions to transfer, share, assign, or sell your Personal Information to third parties or to authorize third parties to use any Personal Information including for due diligence as part of any transaction described in this paragraph. Any Personal Information that is collected after this type of transfer may be subject to a new privacy notice adopted by the successor entity.
    4. Marketing and Advertising Partners. We may share your Personal Information with third party online and other marketing and advertising partners or permit these partners to collect Personal Information directly from you on our Services to personalize online advertising.
    5. Law Enforcement and Other Parties for Legal Reasons. We may share your Personal Information with third parties as required by law or subpoena, or if we reasonably believe such action is necessary to comply with the law and the reasonable requests of regulators, law enforcement, or other public authorities, protect our safety and rights or the safety and rights of others, and investigate fraud or protect the security or integrity of our Services.
    6. Third Parties Integrations. Certain Site or App functionalities require third-party integrations. We will share limited Personal Information with certain third-party providers so they can enable the integrations. Personal Information may be used by the third-party integration provider for their own purposes, subject to their own privacy notice.
  1. HOW LONG WE RETAIN YOUR PERSONAL INFORMATION. We retain Personal Information in accordance with applicable laws and regulatory requirements and for as long as necessary to fulfill the business purposes for which it was collected as outlined in this Notice.
  1. COOKIES, TARGETED ADVERTISING, AND OTHER TRACKING TECHNOLOGIES.
    1. We use cookies, web beacons, pixel tags, and/or other tracking technologies (collectively, “Cookies”) on our Site and App. A Cookie is a small text file that our Site saves onto your computer or device when you visit the Site or use the App that provides us certain information about your activities and allows the Site or App to remember your actions and preferences, recognize you and your browser, and gather Personal Information. We use these tools to make our Services function properly, provide personalized experiences, tailor our interactions with you, help with our marketing efforts, provide us with insights into the usage and effectiveness of our Services, and to help us continually improve our Services. We may also use Cookies to help tailor advertisements or offers to your interests. We may allow third-party advertising companies to collect Personal Information about your activity on our Site through Cookies or other tracking technologies and combine that Personal Information with Personal Information they collect on other unrelated sites, which the advertising companies may use to provide you with relevant, targeted advertising.
    2. We use Google Analytics and similar technologies to collect and process Personal Information about your use of the Site. Google sets Cookies on your browser or device, and your web browser automatically sends information to Google. Google uses this information to provide us with reports that we use to better understand and measure how users interact with our Site. To learn more about how Google uses data, visit Google’s Privacy Notice and Google’s page on how Google uses data when you use our partners’ sites or apps. You may download the Google Analytics opt-out browser add-on for each web browser you use, but this does not prevent the use of other analytics tools. To learn more about Google Analytics cookies, visit Google Analytics Cookie Usage.
    3. Session Replay. We use session replay software that allows us to collect information captured by third parties about how you navigate, use, and interact with our site or Services in real time for product development, debugging, and to improve our site and Services. Personal Information captured may include the date and time you visited our Site or Services, IP Address, browser information, device ID, operating system, cookie and customer ID. mouse clicks, mouse movements, keystrokes and text input, scrolling behavior, behavioral metrics, heatmaps, webpage or content loading times, and Site errors. By using our site, you agree that we and the third parties capturing it can collect and use this information.
  1. YOUR CHOICES.
    1. Updating Personal Information. You may update or correct certain Personal Information you have provided us by editing your account information on the Services or by contacting as at le***@ge*******.com.
    2. The options and/or settings on most internet browsers will tell you how to manage Cookies and other tracking technologies that may be uploaded to your device, including how to disable them. You can disable our Cookies through your browser settings, but please note that doing so may impact some of the features of the Services and prevent them from operating as intended. You can learn more about Cookies, including how to see what Cookies have been uploaded to your device and how to manage them, by visiting https://www.allaboutcookies.org/.
    3. You may opt out of marketing our marketing activities at any time by following the instructions provided in the marketing emails, or you may contact us by email at le***@ge*******.com. Please note, opting out of our marketing activities will not affect our administrative communications to you (e.g., emails about your transactions or policy changes).
  1. SOCIAL MEDIA, LINKS, VIDEOS, AND EXTERNAL SITES. Links to other entities’ websites may be provided on our Site for your convenience. If you choose to visit these external sites, you will be subject to their privacy practices. FreshX is not responsible for the privacy practices of any external parties or websites. We encourage you to be aware when you leave our Site and to read the privacy notice of every website you visit.
  1. HOW WE PROTECT YOUR PERSONAL INFORMATION. Protecting your Personal Information is important to us. We use commercially reasonable administrative, technical, and physical safeguards to maintain the security and privacy of your Personal Information.
  1. CHILDREN’S PRIVACY. We do not market any products or services to children under the age of eighteen or knowingly collect any information from children under the age of sixteen. We do not knowingly sell or share for cross-context behavioral advertising the Personal Information of consumers under the age of sixteen. Our Services are not intended for children.
  1. CONTACT US. We welcome your questions, comments, and concerns regarding how we collect, use, share, and protect your Personal Information. Please email us at le***@ge*******.com with any questions or feedback you have pertaining to our privacy practices.